Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX49/18 — Display of Markings (Gliders and Powered Sailplanes) Exemption 2018
Purpose
The purpose of this instrument is to enable the continued operation in Australian territory of all gliders and powered sailplanes registered with the Gliding Federation of Australia (GFA) without the aircraft displaying the Australian nationality mark “VH”.
For many gliders and sailplanes it is not possible to display the full markings due to the limited area available on the aircraft. Requiring the displaying of full markings on these aircraft would also have significant time and cost implications to the affected aircraft owners for no identifiable additional safety benefit.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interest of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).
Under subregulation 45.055 (1) of CASR, the registration holder and the registered operator of an aircraft commit an offence if the aircraft is operated and a requirement that is prescribed by the Part 45 Manual of Standards and that applies to the aircraft is not met.
The Part 45 Manual of Standards prescribes requirements relating to the display of markings on an aircraft, including for gliders and powered sailplanes.
Subregulation 45.015 (1) of CASR defines markings, for an aircraft, as the Australian nationality mark and the aircraft’s registration mark, in that order, connected by a hyphen. Subregulation 45.015 (2) of CASR provides that a registered glider or a powered sailplane operating in Australian territory that has a registration mark beginning with “G” need not display the Australian nationality mark.
Under subregulation 11.160 (1) of CASR, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.
Subregulation 11.175 (4) provides that, in deciding whether to renew an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.
Background
The instrument renews CASA EX39/17 that expired on 28 February 2018. In renewing CASA EX39/17, CASA has regarded as paramount the preservation of at least an acceptable level of safety.
Instrument
The effect of the instrument is to exempt the registration holder and operator of gliders and sailplanes registered with the GFA from the CASR requirement to include the Australian nationality mark in the aircraft’s markings, if the aircraft’s registration mark begins with a character other than “G”.
Section 1 sets out the name of the instrument.
Section 2 sets out the duration of the instrument. The instrument commences on the day after it is registered and is to be repealed at the end of 30 April 2020.
Section 3 sets out the application of the instrument. The instrument applies to the registration holder and the registered operator of a glider or a powered sailplane that is registered with the GFA and operating in an Australian territory and has a registration mark that begins with a character other than “G”.
Section 4 exempts a registration holder and a registered operator of a glider or powered sailplane from compliance with subregulation 45.015 (2) of CASR to the extent that the subregulation requires the registration holder and the registered operator to display the Australian nationality mark on the aircraft if the aircraft’s registration mark begins with a character other than “G”.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that CASA may issue an instrument in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons or a class of aircraft. As the instrument exempts the registration holders and the registered operators of a glider or a powered sailplane (a class of persons), it is a legislative instrument. It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
CASA undertook public consultation during 2015 on draft amendments proposing to incorporate the terms of CASA EX39/17 into Part 45 of CASR. No negative responses were received regarding the proposed provisions.
The instrument is made in substantially similar terms to CASA EX39/17. The exemption is beneficial to industry and reflects the current arrangements. The instrument removes an unnecessary burden on registration holders and operators of gliders and powered sailplanes from having to include the Australian nationality mark on these aircraft.
CASA intends to progress the amendment of Part 45 of CASR in 2019 so that this exemption will not be required. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The instrument is made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.
The exemption commences on the day after it is registered and is repealed at the end of 30 April 2020.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX49/18 — Display of Markings (Gliders and Powered Sailplanes) Exemption 2018
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The exemption will allow gliders and powered sailplanes administered by the Gliding Federation of Australia to operate without the nationality mark, whether or not the first character of the registration mark is the character “G”, when operating in Australian territory.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority